Fire Risk Assessment in Blocks of Flats and Apartments

Legal Requirements

 

1. Regulatory Reform (Fire Safety) Order 2005 (FSO)

Applies to communal areas only (lobbies, corridors, stairwells, bin stores, plant rooms, shared facilities).

The responsible person (usually the freeholder, managing agent, or landlord) must:

Carry out a suitable and sufficient fire risk assessment of the common parts.

Record significant findings (mandatory if 5+ employees, or if required by local housing/fire authority).

Keep the assessment up to date and review it regularly.

⚠️ Inside individual flats – the FSO does not apply (that’s covered by housing law and tenancy agreements).

2. Fire Safety Act 2021 (post-Grenfell changes)

Clarifies that the FSO applies to:

Structure and external walls of the building (including cladding, balconies, windows).

Flat entrance doors opening onto common parts.

This closed loopholes where some landlords weren’t assessing cladding or fire doors.

3. Fire Safety (England) Regulations 2022 – applies from Jan 2023

Extra duties for buildings depending on their height:

All multi-occupied residential buildings (over 2 flats):

Provide residents with fire safety instructions.

Share fire door information and reminders with residents.

Buildings 11m+ in height:

Carry out annual checks of flat entrance doors.

Carry out quarterly checks of fire doors in common parts.

High-rise buildings (18m+ / 7+ storeys):

Provide local fire and rescue service with building plans and external wall information.

Install secure information boxes on-site.

Maintain wayfinding signage for firefighters.

Carry out regular checks of lifts and firefighting equipment.

4. Housing Act 2004 (HHSRS system)

Local councils enforce housing conditions in individual flats.

Landlords must ensure that flats themselves are free from fire hazards (e.g., working smoke alarms, safe electrics, escape routes).

5. Landlord’s Core Duties in Flats & High-Rises

Commission and maintain a fire risk assessment of communal areas.

Act on recommendations (fire doors, alarms, evacuation strategy, signage, lighting, maintenance).

Update and review the assessment (best practice = annually, or sooner if risks change).

Communicate fire safety measures and evacuation plans to residents.

In summary:

Landlords (or managing agents) must carry out and maintain fire risk assessments for communal areas, external walls, and flat entrance doors.

High-rise landlords have extra obligations under the 2022 Regulations (checks, signage, info boxes, liaison with fire services).

Failure to comply can lead to enforcement, unlimited fines, or prosecution.

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